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(영문) 대구지방법원 2016.06.29 2016고단1747

특수상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) on January 26, 2016, the Defendant was under the influence of alcohol in D located in Daegu Northern-gu, Daegu Northern-gu, Daegu-gu, and (b) on January 26, 2016 that only the Defendant was unable to receive retirement pay from the victim E (the age of 64) and the Victim F (the age of 58).

No excess (20 cm in total length, approximately 10 cm in length on the day) which is a dangerous object previously held while engaging in a dispute.

In other words, the victims threatened with them as they are.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. The Defendant: (a) threatened the victim E, as he was in danger of being in possession at the time and place mentioned in paragraph 1; (b) threatened the victim’s head; (c) was pushed up after being pushed up by the victim’s head; and (d) caused the victim to be pushed up with approximately 14 days of face, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to photograph seized articles, diagnostic notes of injury, E images of damaged parts, processing reports of 112 reported cases, investigation reports (records of 112 reported cases), field photographs, investigation reports (CCTV investigative matters), CCTV closure photographs, investigation reports (hereinafter referred to as "victim F telephone statement listening")

1. Articles 258-2(1) and 257(1) (a) of the Criminal Act and Articles 284 and 283(1) (a) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Intimidation);

1. Selection of imprisonment with prison labor for a crime of special intimidation;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Code of Confiscation is that the defendant repents the wrong facts, and the same crime has been punished twice for the same kind of crime, and the recent 10 years has not been subject to any criminal punishment, which is favorable to the defendant.